DA looks at additional felonies after plea deadline passes

The Cortez man accused of firing a handgun inside two residences Sept. 30 was informed by the the district attorney's office on Tuesday afternoon that the advisement of more charges is forthcoming.

Mark Dunn, 46, was arrested for aggravated robbery, criminal mischief, two counts of felony menacing, felon in possession of a firearm, 3rd degree assault, theft, prohibited use of a firearm, two counts of reckless endangerment and domestic violence.

At Tuesday's court hearing before District Court Judge Douglas Walker, Deputy District DA Lynda Carter said there was an offer of a plea deal for Dunn, but the deadline to accept the offer passed last Friday.

Carter informed the court the DA's office would now like to pursue additional felony charges and to increase Dunn's $10,000 bail amount.

The potential new charges are two felonies and a habitual criminal enhancement by taking into account Dunn's felonies from other jurisdictions.

Carter said the DA's office agreed to hold on to the additional felony charges until the plea deadline passed.

Dunn's new defense attorney David Greenberg objected to the amended charges and said his client would enter a not guilty plea in writing, but was not prepared to address any new bond amount.

Carter said she needed about a week to address the bond stipulations as well as the advisement on the new charges.

Because of the possible additional charges, Walker scheduled a preliminary hearing for March 14.

Because Greenberg has replaced Richard Simms as one of Dunn's attorneys, Walker asked Dunn if he wished to waive his right to a speedy trial, which must occur within six months of the not guilty plea.

Carter said the DA's office received the substitution of attorneys late in the case, and added that the DNA evidence was not going to be used in trial so there would be no reason to delay the trial for this reason.

Dunn waived his right to a speedy trial, and Walker set June 10 as the new trial date for the start of the five-day trial.

Walker said all motions must be filed with the court by March 15, and the hearing on those motions is scheduled for April 29. The pre-trial conference will take place on May 21.

The aggravated robbery charge stems from Dunn allegedly taking a handgun from his brother's house after the two fought for the weapon.

According to a Cortez Police report, Dunn became upset with his wife, who questioned him on whether he should be drinking and driving, and he responded by pulling a gun from his waistband and firing a shot above and to the left of her head.

After Dunn left the residence he eventually made his way to his brother's house where more gun shots were allegedly fired.

According to the police report, once Mark Dunn entered the residence of Todd Dunn, there was a struggle for the gun Todd Dunn was holding at his side, which eventually was taken by Mark Dunn.

Todd Dunn told police that his brother fired the gun three to four times in the house.

The report said that Mark Dunn was taken into custody at his home at about 3 a.m. on Oct. 1 after police followed him to his house.